25Grant or refusal of licence

25 Grant or refusal of licence (1) The Minister must not grant a licence over land— (a) that is covered by a mining licence; or S. 25(1)(b) amended by No. 82/2000 s. 19(a), substituted by No. 59/2010 s. 11(1). (b) that is covered by an exploration licence, unless the application is for a mining licence or retention licence and, if the applicant is not the holder of the exploration licence, the holder of that licence consents in writing; or S. 25(1)(ba) inserted by No. 59/2010 s. 11(2). (ba) that is covered by an exploration licence or that is the subject of an application for an exploration licence, unless the application is for a prospecting licence and, if the applicant is not the holder of the exploration licence or the applicant for the exploration licence— (i) the holder or applicant of the exploration licence consents in writing; or (ii) in the case of an exploration licence, both of the following conditions apply— (A) the exploration licence was first registered more than 2 years before the application was lodged; and (B) the Minister has waived the need for the exploration licence holder's consent under section 25A; or S. 25(1)(c) amended by No. 82/2000 s. 19(c), substituted by No. 59/2010 s. 11(3). (c) that has been covered by an exploration licence for at least 2 years, if the granting of the licence would mean that— (i) the number of— (A) mining licences granted by virtue of section 25A before the commencement of section 12 of the **Mineral Resources Amendment (Sustainable Development) Act 2010**; or (B) prospecting licences granted by virtue of that section on and after the commencement of section 12 of the **Mineral Resources Amendment (Sustainable Development) Act 2010**— over land covered by the exploration licence is more than the number of graticular sections covered by the exploration licence divided by 10; or (ii) any 2 areas covered by— (A) mining licences granted by virtue of section 25A before the commencement of section 12 of the **Mineral Resources Amendment (Sustainable Development) Act 2010**; or (B) prospecting licences granted by virtue of that section on and after the commencement of section 12 of the **Mineral Resources Amendment (Sustainable Development) Act 2010**— within the exploration licence would be 1 kilometre or less apart at the closest points; or (d) that is the subject of any other application that— (i) has not been determined; and S. 25(1)(d)(ii) amended by No. 64/2012 s. 22. (ii) has, because of section 23, a higher ranking than the present application; or (e) that is exempted under this or any other Act from being subject to— S. 25(1)(e)(iii) inserted by No. 68/2014 s. 23(a). S. 25(1)(e)(iv) inserted by No. 68/2014 s. 23(a). (iv) a retention licence, if the application is for a retention licence; or; (f) that is subject to a current minerals exemption; or S. 25(1)(g) amended by No. 63/2006 s. 11(1). (g) that is subject to the tender process under section 27, unless the licence is granted to the successful tenderer; or S. 25(1)(h) amended by No. 86/1993 s. 11(1), repealed by No. 82/2000 s. 19(b). S. 25(1)(i) inserted by No. 86/1993 s. 11(1). (i) that is limited to a particular stratum unless the Minister is satisfied that the applicant can obtain reasonable access to and use of the land. S. 25(2) substituted by No. 10/2014 s. 8(1), amended by No. 32/2019 s. 56. (2) Otherwise, the Minister may grant or refuse a licence, after considering any objections made under section 24 and any comments made under section 24A— (a) in the case of an exploration licence or a prospecting licence, within 90 days of the application being accepted in accordance with section 15; or (b) in the case of a retention licence or mining licence, within 120 days of the application being accepted in accordance with section 15. S. 25(2A) inserted by No. 10/2014 s. 8(2). (2A) For the purposes of subsection (2), the calculation of the number of days in which a licence may be granted or refused does not include any day that occurs within any of the following periods— (a) from the time that the Minister asks the applicant under section 15(7) to provide additional information until that information is provided; (b) from the time that a matter relevant to the application is referred for investigation to the mining warden under section 25A, 97 or 98 until that investigation is completed; (c) in the case of an application involving Crown land, any time taken by the applicant to comply with the requirements of the Native Title Act 1993 of the Commonwealth or the **Traditional Owner Settlement Act 2010**. S. 25(3) amended by Nos. 86/1993 s. 11(2), 68/2014 s. 23(b) (3) The Minister may grant a licence if the applicant has substantially complied with this Act and the regulations (provided that the applicant complies with section 15(6)(a), (b), (c) and (d)), and may refuse to grant a licence even though the applicant has complied with this Act and the regulations. S. 25(3A) inserted by No. 86/1993 s. 11(3), repealed by No. 82/2000 s. 19(b). (4) Subsection (3) does not authorise the Minister to grant a licence if the applicant has not complied with this Act or the regulations unless the Minister is satisfied that the non-compliance is not likely to affect adversely any person's rights under this Act or the regulations or to result in any person being deprived of information necessary for the effectual exercise of those rights. (5) For the purposes of subsection (1)(c)(i), any part of a graticular section covered by the licence, and any fraction of a graticular section that remains after dividing the number of graticular sections covered by the licence by 10, must be treated as a whole graticular section. S. 25(6) amended by No. 68/2014 s. 23(c). (6) In determining whether the limit imposed by subsection (1)(c)(i) or (ii) would be exceeded by the granting of a prospecting licence, regard must be had to the area covered by the exploration licence after excluding any area— (a) excluded on a renewal of the exploration licence; or (b) identified for exclusion in an application lodged for renewal of the exploration licence— on account of section 38A. (7) On granting a licence over land the Minister must refuse any other application for a similar type of licence that has been received to the extent that it relates to land covered by the licence being granted. Note to s. 25 inserted by No. 62/2010 s. 140(1), repealed by No. 10/2014 s. 8(3). S. 25A inserted by No. 82/2000 s. 20.